|(a) Board Action. The proposal for decision may be acted upon by the board after the expiration of the applicable time periods for filing exceptions and replies to exceptions, and after the administrative law judge has ruled on any exceptions and replies. Parties shall be notified either personally or by mail of any decision or order. On written request, a copy of the decision or order shall be delivered or mailed to any party and to the respondent's attorney of record. (b) Imminent Peril. If the Board finds that an imminent peril to the public health, safety, or welfare requires immediate effect on a final decision or order in a contested case, it shall recite the finding in the decision or order as well as the fact that the decision or order is final and effective on the date rendered, in which event the decision or order is final and appealable on the date rendered, and no motion for rehearing is required as a prerequisite for appeal. (c) Conflict of Interest. A Board member shall recuse himself or herself from all deliberations and votes regarding any matter: (1) the Board member reviewed as a member of a Peer Investigative Committee; (2) involving persons or transactions about which the Board member has a conflict of interest; (3) involving persons or transactions related to the Board member sufficiently closely as to create the appearance of a conflict of interest. (d) A Board member's participation in the negotiation of a consent order under Texas Occupations Code, §1103.458, does not require recusal under subsection (c) of this section.
|Source Note: The provisions of this §157.17 adopted to be effective January 9, 2008, 33 TexReg 178; amended to be effective July 21, 2008, 33 TexReg 5694; amended to be effective November 9, 2008, 33 TexReg 8944